Award No. 9


PARTIES TO DISPUTE:

                THE ORDER OF RAILROAD TELEGRAPHERS


                  MISSOURI-KANSAS-TEXAS LINES


STATEMENT OF CLAIM:

 Group 2 ORT Claim No. 16 is in behalf of W. C. Tuttle, Agent-Telegrapher Oswego, Kansas for eight (8) hours' pay at the minimum rate for 'telegraphers account signal maintainer Bowdre using the telephone at Oswego at 5:45 p.m., Saturday, June 22, 1957 in violation of Rule 1 (a) and 1 (d) to transmit a message from Oswego to Parsons, Kansas which was addressed to ALL CONCERNED at Parsons, Kansas reading:

        "I will be unavailable until 8 a.m., Monday, June 24, 1957. Signed E. G. Bowdre, Signal Maintainer."


FINDINGS:

 Rule 1 (d) provides that if "station or other employes at closed offices" are "used in emergency" to transmit or receive "messages" by telephone. "The pay for the Agent or Telegrapher at that office shall be the minimum rate per day for Telegraphers."

 Mr. Bowdre sent his tie-up message at 5:45 p.m. when the Oswego office was closed. Evidently, the considered his message too important to file for transmittal by the Agent on his return to duty. We find it was a communication under the Scope Rule at Claimant's station.

 AWARD:

    Claim sustained.


                    /s/ Daniel C. Rogers

                    Daniel C. Rogers, Chairman

                    Fayette, Missouri


/s/ W. I _. Chr_ist_opher _ _ /s/ A. F. Winkel
 W. I. Christopher, Employee Member A, F. Winkel, Carrier Member
 Deputy President, 0. R. T. Ass't. General Manager
 3860 Lindell Blvd. Missouri-Kansas-Texas Lines
 St. Louis 8, Missouri Dallas, Texas

 Dallas, Texas

 August 1, 1958